Contracted Services Agreement
Montana State University-Bozeman
And
____________________________________
A. PARTIES
THIS CONTRACT is entered into between Montana
State University-Bozeman, (insert Department Name), herein referred to as
"MSU-Bozeman”, and (insert contractor’s name), hereinafter referred to as
the "Contractor".
Contractor
Information:
Name:
Address:
Phone #: Fax
#:
Point of
Contact:
Note: Contractor must provide a W9 before
payment will be processed. If Contractor
is a Non-Resident Alien, payment is subject to withholding in accordance with
IRS 1042 reporting requirements and Contractor shall request instructions for
Non-Resident Alien tax withholding.
Non-Resident Alien: YES or NO .
MSU-Bozeman Information:
Name:
Address:
Phone #: Fax
#:
Point of
Contact:
Index Number:
1. Purpose:
The purpose of this contract is to (insert purpose). _____
2. Effective Date and Duration: The Contractor shall commence performance
upon receipt of a signed and fully executed contract from MSU-Bozeman. The Contractor shall complete performance to
the satisfaction of MSU-Bozeman no later than (insert
date).
3. Services: The Contractor agrees to perform the
following services: (insert services or
refer to the Statement of Work – Attachment # 1).
4. Consideration: MSU-Bozeman agrees to pay Contractor the sum
of $ (insert $ value) for satisfactory
completion and acceptance of the contracted service. All payment terms will be computed from the
date of delivery of supplies or services OR receipt of a properly executed
invoice, whichever is later. Unless
otherwise noted, the University is allowed 30 days to pay such invoices. All Contractors may be required to provide
banking information at the time of Contract execution in order to facilitate
University electronic funds transfer payments. MSU-Bozeman agrees to pay this amount as
follows:
5. Relationship
of the Parties:
It is mutually agreed that Contractor is an independent contractor and
not an employee of MSU-Bozeman for purposes of this Contract. It is understood that the Contractor is not
subject to the supervision and control of MSU-Bozeman; nor is the Contractor
carrying out the regular business of MSU-Bozeman. Each of the parties will be solely and
entirely responsible for its own acts and/or the acts of its employees or
agents. No benefits provided by MSU-Bozeman to its employees, including
unemployment and workers' compensation insurance, will be provided to the
Contractor or his/her/its employees.
6. Ownership
and Publication of Materials: All material and other information generated
under this contract shall be the sole property of MSU-Bozeman.
7. Access
to Records: The
Contractor shall adequately account for and maintain reasonable records for
his/her/its performance and allow access to these records by MSU-Bozeman, the
Legislative Auditor and/or the Legislative Fiscal Analyst as may be necessary
for audit purposes and in determining compliance with the terms of this Contract.
The Contractor shall submit a record of
expenditures incurred for the performance and completion of this Contract. MSU-Bozeman may verify all expenditure
receipts and disperse funds in an amount equal to the approved expenditures.
All records
pertaining to this contract must be retained by the Contractor for a period of
three years from the completion date of this Contract. If any litigation, claim or audit is started
before the expiration of the three-year period, the records must be retained
until the litigation, claim or audit findings have been resolved.
8. Indemnification: The Contractor agrees to defend, indemnify and
hold MSU-Bozeman harmless from any and all losses and claims that may result to
MSU-Bozeman because of the activity of the Contractor, his/her/its agents
and/or employees.
9. Non-discrimination: The Contractor agrees that under Section
49-3-207, Montana Code Annotated, and the federal civil rights acts, no part of
this Contract shall be performed in a manner which illegally discriminates
against any person on the basis of race, color, religion, creed, political
ideas, sex, age, marital status, physical or mental handicap, or national
origin.
10. Modification: This contract contains the entire agreement between
the parties, and no statements, promises or inducements made by either party,
or agents or either party, that are not contained in this Contract are valid or
binding. This Contract may not be enlarged, modified, or altered except by
written amendment by the parties.
11. Termination:
A. This Contract may be terminated at any
time upon the written mutual consent of the parties.
B. MSU-Bozeman may terminate this Contract
for failure of the Contractor to perform any of the services, duties or
conditions contained in this Contract after providing the Contractor written
notice of the stated failure. The written notice must demand performance of the
stated failure within a specified period of time of not less than 30 days. If
the demanded performance is not completed within the specified period, the
termination is effective at the end of the specified period.
C. The above remedies are in addition to
any other remedies provided by law or the terms of this Contract.
12. Severability: If one part of this Contract is held to be
illegal, void or in conflict with any
13. Assignment, Transfer and
Subcontracting: There will be no
assignment or transfer of this Contract, or of any interest in this Contract,
unless both parties agree in writing. No services required under this Contract,
may be performed under subcontract unless both parties agree in writing.
14. Notice:
All notices relating to this Contract will be in writing and given to the
contact person at the address provided for in this Contract.
15. Venue: This Contract
will be interpreted according to the laws of the State of
This
Contract consists of (insert number) numbered pages, any
Attachments as required. In the case of
dispute or ambiguity about the minimum levels of performance by the Contractor
the order of precedence of document interpretation is in the same order. The
original will be retained by MSU-Bozeman. A copy of the original shall have the
same force and effect as the original for all purposes.
To express the parties' intent to be bound by the terms of this Contract, they
have executed this document on the dates set forth below.
_________________________________ __________________________________________
Principal
Investigator (if required)
Date Contractor Name/Title Date
_________________________________ ________________________________________
Department
Head (if required) Date MSU Legal
Counsel Date
Approved for Legal
Format
(required for
contracts exceeding $25,000)
______________________________
Dean (if required) Date
________________________________ ______________________________________
Director of Purchasing Date OSP Administrator/Vice President Date
Approved for Form (OSP
signature required for contracts exceeding $5,000)
(required
for contracts exceeding $25,000)
Contract
invalid unless signed by all required parties
ATTACHMENT
1
STATEMENT
OF WORK
(Example)